MP High Court Treats WhatsApp Messages as Prima Facie Dying Declaration

The Story in Brief

The Madhya Pradesh high court has refused bail to three men accused of abetting the suicide of 25-year-old tribal man Santosh Ausari, citing WhatsApp messages he allegedly sent to his father before his death. The Indore bench called the messages a “prima facie crucial dying declaration” because they named the accused.

The prosecution alleges Ausari faced harassment, abuse and death threats linked to an agricultural land dispute. The court also referred to statements by his father and brother, who supported the allegations. The accused denied involvement and claimed they were framed due to an old rivalry. The court said their defences did not justify bail at this stage.

The Indian Opinion

Claims that a WhatsApp message automatically proves guilt are as careless as dismissing digital evidence outright. The court has made a prima facie assessment while deciding bail, not delivered a final verdict. Investigators and the trial court must still establish the messages’ authenticity, timing and context, alongside the family testimony. The eventual test is whether this evidence survives full trial scrutiny.

Source: rediff.com

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